N.Y. Civil Practice Law & Rules § 3116: Signing deposition; physical preparation; copies

Rule 3116. Signing deposition; physical preparation; copies. (a)

Signing. The deposition shall be submitted to the witness for

examination and shall be read to or by him or her, and any changes in

form or substance which the witness desires to make shall be entered at

the end of the deposition with a statement of the reasons given by the

witness for making them. The deposition shall then be signed by the

witness before any officer authorized to administer an oath. If the

witness fails to sign and return the deposition within sixty days, it

may be used as fully as though signed. No changes to the transcript may

be made by the witness more than sixty days after submission to the

witness for examination.

(b) Certification and filing by officer. The officer before whom the

deposition was taken shall certify on the deposition that the witness

was duly sworn by him and that the deposition is a true record of the

testimony given by the witness. He shall list all appearances by the

parties and attorneys. If the deposition was taken on written questions,

he shall attach to it the copy of the notice and written questions

received by him. He shall then securely seal the deposition in an

envelope endorsed with the title of the action and the index number of

the action, if one has been assigned, and marked "Deposition of (here

insert name of witness)" and shall promptly file it with, or send it by

registered or certified mail to the clerk of the court where the case is

to be tried. The deposition shall always be open to the inspection of

the parties, each of whom is entitled to make copies thereof. If a copy

of the deposition is furnished to each party or if the parties stipulate

to waive filing, the officer need not file the original but may deliver

it to the party taking the deposition.

(c) Exhibits. Documentary evidence exhibited before the officer or

exhibits marked for identification during the examination of the witness

shall be annexed to and returned with the deposition. However, if

requested by the party producing documentary evidence or on exhibit, the

officer shall mark it for identification as an exhibit in the case, give

each party an opportunity to copy or inspect it, and return it to the

party offering it, and it may then be used in the same manner as if

annexed to and returned with the deposition.

(d) Expenses of taking. Unless the court orders otherwise, the party

taking the deposition shall bear the expense thereof.

(e) Errors of officer or person transcribing. Errors and

irregularities of the officer or the person transcribing the deposition

are waived unless a motion to suppress the deposition or some part

thereof is made with reasonable promptness after such defect is, or with

due diligence might have been, ascertained.